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In the Matter Of: GOMMISSIQN

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In the Matter Of: GOMMISSIQN COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION PUBLIC SERVICE In the matter of: GOMMISSIQN THE APPLICATION OF EAST KENTUCKY NETWORK ) LIMITED LIABILITY COMPANY FOR THE ISSUANCE ) OF A CERTIFICATE OF PTJBL,IC CONVENIENCE AND ) CASE NO2009-00423 NECESSITY TO CONSTRUCT A TOWER IN CLAY 1 COUNTY, KENTUCKY). East Kentucky Network, LLC, d/b/a Appalachian Wireless, was granted authorization to provide cellular service in the KY-10 Cellular Market Area (CMA452) by the Federal Communications Coinmission (FCC). FCC license is included as Exhibit 1. East Kentucky Network, LLC merger documents were filed with the Conmission on February 2,2001 in Case # 200 1-022. Ln an effort to improve service in Perry County, East Kentucky Network, LLC pursuant to KRS 278.020 Subsection 1 and 807 KAR 5:OOl Section 9 is seeking the Commission’s approval to construct a 180 foot self-supporting tower on a tract of land approximately 1 mile northwest of Bonnyman in Perry County, Kentucky (37’18’08.00”N 83’14’3 1.80”W). A map and detailed directions to the site can be found in Exhibit 8. Exhibit 2 is a list of all Property owners or residents according to the property valuation administrator’s record who reside or own property within 500 feet of the proposed tower in accordance with the Public Valuation Administrator. No other properties are contiguous with East Kentucky Network’s property. Pursuant to 807 KAR 5:063 Section 1 (1)(L) and Section l(l)(n)(l) all affected property owners according to the property valuation administrator’s record who reside or own property within 500 feet of the proposed Tower were notified by certified mail return receipt requested of East Kentucky Network, LLC’s proposed construction and informed of their riglit to intervene. They were given the docket number under which this application is filed. Enclosed in Exhibit 2 is a copy of that notification. Perry County has no formal local planning unit. In absence of this unit the Perry County Judge Executive’s office was notified by certified mail, return receipt requested of East Kentucky Network Limited Liability Company’s proposal and iiiformed of their right to intervene. They were given the docket number under which this application is filed. Eiiclosed in Exhibit 3 is a copy of that notification. Notice of the location of the proposed constructiori was published in the Hazard Herald’s November 1 1t” & 18ti’ weekly editions. Enclosed is a copy of that notice in Exhibit 3. The Hazard Herald is the newspaper with the largest circulation in Perry County. A geologist was employed to determine soil and rock types and to ascertain the distance to solid bedrock. The geoteclmical report is enclosed as Exhibit 4. A copy of the tower design information is enclosed as Exhibit 5. The proposed tower has been designed by engineers at Allstate Tower, Inc. and will be coristructed under their supervision. Their qualifications are evidenced in Exhibit 5 by the seal and signature of the registered professional engineer responsible for this project. The tower will be erected by S & S Tower Services of St. Albans, West Virginia. S & S Tower Services has vast experience in the erection of communications towers. FAA and Kentucky Airport Zoning Commission approvals are included as Exhibit 6. No Federal Communications Commission approval is required prior to construction of this facility. Once service is established from this tower we must immediately notify the Federal Communications Commission of its operation. Prior approval is needed only if the proposed facility increases the size of the cellular geographic service area. This cell site will not expand the cellular geographic service area. East Kentucky Network, LLC will finance the subject Construction with earned surplus in its General Fund. Estimated Cost of Constmction $ 350,000.00 Annual Operation Expense of Tower $ 12,500.00 Two notice signs meeting the requirements prescribed by 807 KAR 5963, Section 1(2), measuring at least two (2) feet in height and four (4) feet in width and containing all required language in letters of required height, have been posted, one at a visible locatioii on the proposed site and one on the nearest public road. The two signs were posted on October 3 1, 2009 and will remain posted for at least two weeks after filing of this application as specified. Enclosed in Exhibit 9 is a copy of East Kentucky Network LLC’s perpetual easement and rights of way with deed description to the site. The proposed construction site is on a very rugged mountaintop some feet from the nearest structure. Prior to construction the site was wooded. Due to the steep hillside surrounding the proposed site, the property in close proximity is uiisuitable for any type of development. East Kentucky Network LLC’s operation will not affect the use of nearby land nor its value. No more suitable site exists in the area. A copy of the search area map is enclosed in Exhibit 8. No other tower capable of supporting East Kentucky Network LLC’s load exists in the general area; therefore, there is no opportunity for co-location of our facilities with anyone else. Enclosed, and filed as Exhibit 10 is a survey of the proposed tower site signed by a Kentucky registered professional engineer. Exhibit 12 contains a vertical sketch of the tower supplied by Coleman Engineering. WHEREFORE, Applicant respectfully requests that the PSC accept the foregoing Application for filing, and having met the requirements of KRS [278.020(1), 278.650, and 278.6651 and all applicable rules and regulations of the PSC, grant a Certificate of Public Convenience and Necessity to construct and operate the proposed tower. The foregoing document was prepared by Lynn Haney, Staff Accountant for East Kentucky Network, LLC d/b/a Appalachian Wireless. All related questions or correspondence concerning this filing should be mailed to East Kentucky Network, LLC d/b/a/ Appalachian Wireless, 101 Technology Trail, Ivel, KY 41642. APPROVED BY: Gerald Robinette, General Manager CONTACT INFORNLATION: Gerald Robinette, General Manager Phone: (606) 791-2375, Ext. 110 Email: [email protected] Lynn Haney, Staff Accountant Phone: (606) 791-2375, Ext. 1007 Email: [email protected] Mailing Address: East Kentucky Network, LLC d/b/a Appalachian Wireless 101 Technology Trail Ivel, ICY 41642 Copies of Cell Site Notices to Land Notification of County Judge Executive and Newspaper Advertisement Universal Soil Rearing Analysis FAA Approval & Kentucky Airport Zoning Commission Approval Audited Financial Statements Driving Directions from County Court House and Map to Suitable Scale Perpetual Easement & Rights of Way for Survey of Site SignedBealed by Professional Engineer Registered in State Site Survey Map with Property Owners identified in Accordance with PVA of Vertical Profile Sketch of Proposed ULS License - Cellular License - KNKN809 - East Kentucky Network, L,LC d/b/a Appala ... Page 1 of 2 ULS License Cellular License - KNKN809 - East Kentucky Network, LLC d/b/a Appalachian Wireless Call Sign KNKN809 Radio Service CL - Cellular Status Active Auth Type Regular Market Market CMA452 - Kentucky 10 11 Channel Block B Powell Submarket 0 Phase 2 Dates Grant 08/28/2001 Ex piration 10/01/2011 Effective 11/11/2009 Cancel la ti on Five Year Buildout Date IO/ 1711996 Control Points 1 US Route 23, FLOYD, Harold, KY P: (606)478-2355 Licensee FRN 0001786607 Type Limited Liability Company Licensee East Kentucky Network, LLC d/b/a Appalachian P: (606)477-2355 Wireless F: (606)874-7551 101 Technology Trail Ivel, KY 41642 ATTN Gerald Robinette, Manager Contact Lukas, Nace, Gutierrez & Sachs, LLP P: (703)584-8665 Pamela L Gist Esq F: (703)584-8695 8300 Greensboro Drive E: [email protected] McLean, VA 22102 Ownership and Qualifications Radio Service Type Mobile ReglJlatOry Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each af the Basic Qualification questions. Demographics h~p://wireless2.fcc.gov/lJlsApp/lJlsSearc~license.jsp?licKey=13 3 66&printable 1 1/16/2009 ULS License - Cellular License - KNKN809 - East Kentucky Network, LLC d/b/a Appala ... Page 2 of 2 Race Ethnicity Gender http://wireless2.fcc.gov/UlsApp~JlsSearch/license.jsp?licKey= 13 3668~printable 11/16/2009 EXHIBIT 11: LIST OF PROPERTY OWNERS: Statement Pursuant to Section 1 (1) (I) 807 KAR 5:063 Section 1 (l)(I)1. The following is a list of every property owner who according to property valuation administrator’s records, owns property within 500 feet of the proposed tower and each have been: notified by certified mail, return receipt requested, of the proposed construction, Section 1 fl)(I)2. Every person listed below who, according to the property valuation administrator’s records, owns property within 500 feet of the proposed tower has been: Given the Commission docket number under which the application will be processed: and Section 1 (l)(I)3. Every person listed below who, according to property valuation adtninistrator’s records, owns property within 500 feet of the proposed tower has been: Informed of his right to request intervention. LIST OF PROPERTY OWNERS Voiicel Thaclter P.O. Box 252 Hindman, KY 4 1822 Phillip IC. Cleinons P.O. Box 2 Bonnyinan, K Y 4 17 1 9 Kentucky River Properties 250 West Main Ste 1823 Lexington, KY 40.507 Victor Jewel1 P.O. Box 105 Bonnyman, KY 41719 Steven Holland P.O. Box 665 Ronnyrnan, ICY 4 1719 Hazard Perry Co. Housing P.O. Box 7284 Hazard, KY 41 702 Ima Jean & Robert Milan Box 7 Bonnyman, KY 4 17 19 EXHIBIT 11: LIST OF PROPERTY OWNERS: (cont.) Thomas J.
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